The issue of delay in financial remedy cases: why not engage in arbitration instead or arrange a private FDR?

There is no disputing the fact that the Family Court has faced numerous unprecedented challenges as a result of the Covid-19 pandemic. Judges and court staff are under considerable pressure to ensure that there is a continued access to justice. However with increased pressure demand and workload delay to financial remedy cases has unfortunately been inevitable. For a client delay can mean increased stress costs and uncertainty all of which are of course not welcomed especially when tensions may already be high owing to the changed commercial reality of some cases. Nonetheless there are various options that can be pursued to minimize delay in financial remedy cases; two increasingly popular options being engaging in arbitration or arranging a private FDR.

Engaging in arbitration

In summary arbitration is an alternative process to court proceedings by which a dispute is resolved by an impartial adjudicator whose decision the parties agree will be final and binding upon them. In the family law context once the process is complete the parties then apply to the court for the arbitrator’s written arbitral award to...

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